"No Discharge Zone" Requirements and Regulations

A "No Discharge Zone" is a designated body of water that prohibits
the discharge of treated and untreated boat sewage. Federal Law
prohibits the discharge of untreated sewage from vessels within
all navigable waters of the U. S., which include territorial seas
within three miles of shore. Boats with Type I and Type II Marine
Sanitation Devices may discharge treated effluent in coastal waters
UNLESS they are in a "No Discharge Zone". Type III marine sanitation
devise is the only type that can be used legally in a "No Discharge
Zone".

Under the Clean Water Act, states may petition, by a written application
for a "No Discharge Zone" designation from the U. S. EPA Regional
Administrator under Sections 312 (f)(3), 312 (f)(4)(A), or 312 (f)(4)(B)
of the Clean Water Act. The three sections of the Clean Water Act
have different criteria. Criteria (f)(3); the administrator determines
that there are adequate and reasonably available facilities for
the safe and sanitary removal and treatment of sewage. Criteria
(f)(4)(A); the administrator determines that protection and enhancement
of the specified waters requires prohibition. Criteria (f)(4)(B)
is the establishment of a drinking water intake zone. EPA New England
will usually look at criteria (f)(3) in the approval of a "No Discharge
Zone".

In reviewing a "No Discharge Zone" application, there are seven
requirements under 40 Code of Federal Regulations §140.4(a) pursuant
to section 312 (f)(3) of the regulations:

A certification that the protection and enhancement of the waters
described in the petition require greater environmental protection
than the applicable Federal standards;

A map showing the location of commercial and recreational pumpout
facilities;

A description of the location of pumpout facilities within waters
designated for a "No Discharge Zone";

The general schedule of operating hours of the pumpout facilities;

The draught requirements on the vessels that may be excluded
because of insufficient water depth adjacent to the facility;

Information indication the treatment of waste from such pumpout
facilities is in conformance with Federal law; and

Information on vessel population and vessel usage of the subject
waters.

The EPA reviews these seven requirements in addition to the type
of outreach campaign planned for mariners. The outreach campaign
may include distribution of written material, visual material, and
access to websites. The information may inform the public as to
where the pumpout facilities are located, how to use them, and who
to call for assistance. The information may be distributed to marinas,
yacht clubs, boating associations, local governments, visitors,
and other interested organizations. In addition an enforcement strategy
should be in place. This might include what agencies would enforce
and type of enforcement, should it be needed.

Sewage wastes discharged from boats may degrade water quality
by introducing microorganisms, nutrients, and chemical products
into the marine environment. Microorganisms may introduce diseases
like hepatitis to people in contact with the water, and can contaminate
shellfish beds. Nutrients use oxygen in the water and as a result,
depressing oxygen levels as the sewage decays. Oxygen depletion
or Hypoxia can stress fish and other aquatic animals. Chemical products
can be toxic to marine and estuarine life and could pose a problem
in areas where boats congregate and where there is little tidal
flushing. Complying with vessel sewage discharge laws and regulations,
and using pumpout facilities, are necessary step to protect public
health, water quality, and the marine environment.

Vessels operating in United States freshwater lakes, reservoirs,
other fresh water impoundments that have no ingress or egress and
United States rivers that are not capable of navigation by interstate
vessel traffic, which have a Marine Sanitation Devices on board,
must prevent the discharge of treated and untreated sewage into
these waters. Lakes and rivers of the US that do not drain to the
sea must use a US Coast Guard certified Type III Marine Sanitation
Device.